Last week, Hall of Famer Bob Baffert's attorneys filed a letter with U.S. District Judge Carol Bagley Amon requesting she hold the New York Racing Association in contempt for scheduling a hearing. NYRA fired back at Baffert in court on Wednesday, reports the Thoroughbred Daily News, arguing that the new hearing procedures are exactly what the trainer argued he was entitled to when filing his lawsuit.
NYRA notified Baffert ahead of the Belmont Stakes that it was suspending his ability to enter horses in races or have stall space at its racetracks due to his recent history of medication violations (five over a one-year period), the conflicting statements he provided to media around the Medina Spirit scandal, and Churchill Downs' suspension of the trainer.
Judge Amon of the Eastern District of New York determined that NYRA's suspension of Baffert should not have taken place without some sort of hearing allowing him to address the organization's accusations against him. Although NYRA was asserting its private property rights in the case, Amon said the organization is closely entwined enough with the state that its suspension of Baffert constituted a state action, thereby requiring due process.
NYRA issued a statement of charges against Baffert and fellow trainer Marcus Vitali on Sept. 10, and scheduled a hearing for Baffert to begin on Sept. 27. However, that hearing was delayed until Oct. 11 as Baffert's attorney requested additional time. The trainer will not be participating on that date, because the first hearing will be about scheduling future dates and deadlines.
The Sept. 29 filing by NYRA reads: “Plaintiff moves to hold NYRA in contempt for providing Plaintiff exactly what he argued he was entitled to in support of his motion for a preliminary injunction–notice and an opportunity to be heard.
“Plaintiff incorrectly asserts that the Notice of Hearing, Hearing Rules and Procedures, and Statement of Charges demonstrate that, 'NYRA's conduct is simply a repackaged version of the same action already enjoined. What the Hearing Rules and Procedures and Statement of Charges actually show is a substantially different process that is now in place, which was not afforded in connection with the May 17 suspension that the Court enjoined.”
“Plaintiff's speculation that NYRA created its Hearing Rules and Procedures to target him is incorrect,” the filing continued. “The Hearing Rules and Procedures are of general applicability and are designed to afford the process this Court deemed necessary in its Order.”
Read more at the Thoroughbred Daily News.
An archive of stories about Baffe
- May 16, 2021: Baffert Handed Temporary Suspension From NYRA Tracks
- June 14, 2021: Baffert Files New York Lawsuit Claiming NYRA Has No Legal Authority For Suspension
- June 23, 2021: Baffert Vs. NYRA: The Jockey Club Asks To Weigh In On 'Deleterious Effects Of Improper Drug Use'
- July 1, 2021: NYRA: Baffert Ban Necessary To Protect Horses, Riders And Ensure Integrity
- July 8, 2021: Baffert Attorneys: 'It Does Not Serve The Integrity Of Horse Racing To Suspend First And Ask Questions Later'
- July 9, 2021: Five Owners On The Verge Of Leaving Bob Baffert Over NYRA Ban, Legal Filing Reveals
- July 12, 2021: Judge Delays Ruling On Baffert's Lawsuit Against NYRA
- July 14, 2021: Baffert Prevails In Suit Over NYRA Suspension
- Sept. 10, 2021: NYRA Issues Statement Of Charges, Notice Of Hearing To Bob Baffert, Marcus Vitali
- Sept. 21, 2021: Baffert's Attorneys File Letter Protesting Planned NYRA Hearing
Additional stories about Baffert's Kentucky Derby positive and ensuing legal battles can be found here.
The post NYRA: New Procedures Are ‘Exactly’ What Baffert Asked For, Hearing Pushed To Oct. 11 appeared first on Horse Racing News | Paulick Report.
